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HomeMy WebLinkAboutCity Council Resolution 1999-077CITY OF PLYMOUTH RESOLUTION 99-77 APPROVING A SIGN VARIANCE FOR GOODYEAR FOR PROPERTY LOCATED AT 2995 HARBOR LANE (98200) WHEREAS, an application has been filed by H.I. Enterprises, Inc. which requests approval of a sign variance to permit a 100 -square foot Goodyear pylon sign for property legally described as follows: That part of Lot 1, Block 1, Plymouth Freeway Center lying east of west 240 feet thereof, also that part of north 40.73 feet of tract ARLC No. 1424 lying east of west 240 feet thereof. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by H.I. Enterprises, Inc. for a sign variance to permit a 100 -square foot Goodyear pylon sign for property located at 2995 Harbor Lane, subject to the following conditions: 1. This resolution approves a sign variance for a 100 -square foot pylon sign in accordance with the plans and application received by the City on November 23, 1998, except as amended by this resolution. 2. The existing Goodyear sign on the Holiday Station pylon sign must be removed prior to installation of the 100 -square foot pylon sign. 3. The variance for the pylon sign is approved with the finding that the applicable variance standards are met. Specifically: a. Failure to grant the variance would result in a hardship change due to lack of visibility from roadways. Resolution 99-77 (98200) Page 2 b. Requiring the applicant to obtain a custom built sign would be hardship as it would be obsolete in a short period of time, due to sign changes at the Goodyear corporate office. c. The 100 -square foot sign would not increase the value or income potential of the land any more than the permitted 96 -square foot sign. d. In accordance with the Minnesota Court of Appeals decision in Don D. Myron v. City of Plymouth, the applicant did not create the hardship by purchasing with knowledge of the fact that the Zoning Ordinance made a 100 -square foot sign unbuildable without a variance. e. Granting the variance to construct a 100 -square foot freestanding sign, where 96 square feet is the maximum size permitted by ordinance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. f. The proposed 100 -square foot sign would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The requested variance is the minimum action necessary to eliminate the hardship. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21030.06 of the Zoning Ordinance. 6. The variance is valid for 36 months from the date of approval. The 100 -square foot freestanding sign must be removed and replaced with a sign in compliance with the Sign Ordinance on or before February 16, 2002. Adopted by the City Council on February 16, 1999. Resolution 99-77 (98200) Page 3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on February 16, 1999 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk